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TAA Decision 72453

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        DEPARTMENT OF LABOR

	Employment and Training Administration

TA-W-72,453

PEROT SYSTEMS
DATA CENTER OPERATIONS DEPARTMENT
PLANO, TEXAS

	Certification Regarding Eligibility
	To Apply for Worker Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974, as 
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor 
herein presents the results of an investigation regarding 
certification of eligibility to apply for worker adjustment 
assistance.
      The group eligibility requirements for workers of a firm 
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are 
satisfied if the following criteria are met:
I.	The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant 
number or proportion of the workers in the workers' firm 
must have become totally or partially separated or be 
threatened with total or partial separation.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I)	there has been a shift by the workers' firm to a 
foreign country in the production of articles or 
supply of services like or directly competitive with 
those produced/supplied by the workers' firm; OR
(i)(II)	there has been an acquisition from a foreign 
country by the workers' firm of articles/services that 
are like or directly competitive with those 
produced/supplied by the workers' firm.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
	The investigation was initiated in response to a petition 
filed on September 30, 2009, by three workers on behalf of 
workers of Perot Systems, Data Center Operations Department, 
Plano, Texas.  The workers provided information technology 
support to the subject firm.    
      The investigation revealed that workers of Perot Systems, 
Data Center Operations Department, Plano, Texas, who are 
engaged in employment related to providing information 
technology support to the subject firm meet the criteria for 
certification.  
      Criterion I has been met because a significant portion of 
the information technology worker group have been laid off.  
      Criterion II has been satisfied because the workers' firm 
has acquired from a foreign country services like or directly 
competitive with services supplied by the workers.
      Criterion III has been met because the shift of 
information technology services to India by Perot Systems, 
Data Center Operations Department, Plano, Texas, contributed 
importantly to worker group separations at Perot Systems, Data 
Center Operations Department, Plano, Texas.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Perot Systems, Data 
Center Operations Department, Plano, Texas, who are engaged in 
employment related to the provision of information technology 
support services meet the worker group certification criteria 
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In 
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make 
the following certification:
"All workers of Perot Systems, Data Center Operations 
Department, Plano, Texas, who became totally or partially 
separated from employment on or after September 28, 2008, 
through two years from the date of certification, and all 
workers in the group threatened with total or partial 
separation from employment on date of certification through 
two years from the date of certification, are eligible to 
apply for adjustment assistance under Chapter 2 of Title II  
of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 18th day of November, 2009.


						/s/Elliott S. Kushner
                                    ______________________________
                                    ELLIOTT S. KUSHNER
                                    Certifying Officer, Division of 
                                    Trade Adjustment Assistance

      

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